📄 Sidebar: proficiency test evidence — Tuesday, May 23, 1995
📅 May 23 — Day 80
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C:\DEPT103\CRIMINAL\1995\MAY\23\SIDEBAR-PROFICIENCY-TEST-EVIDE.DOC
TRIAL
▲ Day 80 of 167

Sidebar: proficiency test evidence

Date: Tuesday, May 23, 1995 • Utterances: 6
Defense attorney Blasier sought to question DNA analyst Yamauchi about a specific proficiency test where an unexpected allele appeared in results. Prosecutor Harmon objected under Evidence Code 352, arguing that allowing broad proficiency test examination would waste excessive court time and requested an offer of proof. Ito overruled the objection after Blasier limited his inquiry to a single test.
1 (The following proceedings were held at the bench:)
2 THE COURT:

We're over at sidebar. Mr. Harmon.

3 MR. HARMON:

This is kind of where we're going to go with Mr. Yamauchi too. These proficiency tests, I think there's a 352 problem. I don't know if there's an offer of proof or if he just wants to go over the whole proficiency test. I understand from the Defense consultants the spin they want to put on these things, but they're either right or they're wrong, and I just wanted to alert you that we're going to spend an inordinate amount of time over the next two weeks if you allow them to go into every proficiency test without a specific offer of proof. I'm saying it's irrelevant I guess is the legal objection.

4 MR. BLASIER:

I'm just going into one. The reason it's relevant is because they didn't get the right results. There's an allele there that's not supposed to be there. They're stating the result they got is right. In my view, it's misleading. This shows that, and that's the only one I'm going to cover.

5 THE COURT:

All right. Objection overruled.

6 (The following proceedings were held in open court:)

Temperature

procedural

Key Quotes (2)

Rockne Harmon
we're going to spend an inordinate amount of time over the next two weeks if you allow them to go into every proficiency test without a specific offer of proof
Harmon frames the objection as a time/efficiency concern under 352 rather than purely relevance, signaling the prosecution's broader strategy to limit proficiency test scrutiny
Robert Blasier
There's an allele there that's not supposed to be there. They're stating the result they got is right. In my view, it's misleading.
Reveals the defense theory that the lab produced incorrect results and is misrepresenting them — a direct attack on DNA evidence credibility

Evidence (1)

Informal
DNA proficiency test showing an unexpected allele in Yamauchi's results
discussed, admissibility contested

Notable Exchanges (1)

Rockne HarmonRobert Blasier
Harmon tried to preemptively block broad proficiency test examination; Blasier narrowed his scope to one specific test with a rogue allele, which satisfied the court
strategic

Credibility Attacks (1)

⚔ Collin Yamauchi
proficiency test failure
Blasier challenged Yamauchi's DNA analysis competence by pointing to a proficiency test where an extraneous allele appeared, arguing the lab's claim that its results are correct is misleading

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 6161 • 6 utterances
Criminal Trial
Department 103
⚖️ Start
📂 MAY 23, 1995 📄 Sidebar: proficiency test evid
MAY 23, 1995 KRT DvH TD